'Industry' Definition Reference : Live Updates From Supreme Court 9-Judge Bench [Day 2]

J Narasimha: through the window of industry the act stitches large number of remedies and also provisions a number of protections but to accessing to all of them, the window is through the definition of industry

CJI: broadly there is no dispute that its beneficial legislation as rightly argued. you are rightly saying that workmen is entitled to certain statutory protection such as wages which is covered in the minimum wages act but the entrechment part is covered

Jaising- reinstatement is taken care

CJI: disciplinary, quantum of punishment is taken

Jaising- sadarjung and other hospitals came before this court, how do they lie in the mouth and say that we are not industry?

Jaising- reads the act

in the teeth of this how can it be argued that enterprises run by gov can't be covered?

Jaising- the argument that this can't apply to government is given away the minute you read the definition of public utility in the act, which squarely covers governments

Jaising- the famous gujarat steel case was decided by J Iyer on dismissal of 300 people for going on illegal strike, why? because concillation proceedings were pending.

Jaising-how can we forget that the purpose of the act is to achieve industrial peace? it lays down roadblocks and barriers and draws a red line on the right to strike. If its not for the ID Act, you will see strikes all over the country. the minute the dispute is admitted in reconcillation, the strikes become illegal

Jaising- Without doubt the 2020 Code will be challenged to the extent it excludes charity, and fails to define what is the meaning of sovereignity or philanthropy

Jaising- it is suggested that before any judgment is delivered, this court may be pleased to direct the States to submit the data of cases pending under the ID Act indicating the organisation they cover, whether university, club, hosptial, profit or not, etc

the data will give us a picture of the nature and extent of the issues for determination

Jaising-another issue, i am recommending mylords call for the data. It has been conceded by the learned AG that any outcome in the present reference would be applicable to pipelines cases, that is those pending for decision before the repeal of ID Act.